South Dakota Mass Tort Laws

Navigating South Dakota’s legal landscape necessitates a thorough grasp of the state’s ordinances when initiating a tort claim. According to the South Dakota Department of Health, most of the nonfatal injuries that happened from 2017 to 2021 were unintentional, meaning they primarily resulted from mishaps. Approximately 91% of fatal injuries were due to accidents; in fact, 3,949 hospital admissions and 42,364 ER visits occurred in 2021 alone. In some cases, accidents happen because of someone else's negligence, and one way to achieve justice is to file a tort claim.

A tort is a civil lawsuit brought by the plaintiff because of the defendant's actions that resulted in harm, death, or other damages. Although injuries are the focus of both torts and personal injury claims, the scope of torts is much bigger. Personal injury, in particular, falls under torts. Due to the wide range of tort claims that can be made, state law contains a comprehensive section on civil liability. 

It is essential to know what to do if you want to file a tort claim. As such, this article will tackle South Dakota tort ordinances, including the different types of torts and the statute of limitations for filing pertinent cases. It will also discuss mass torts and their difference from class action lawsuits. 

Basic Tort Categories in South Dakota

Negligent Torts

Negligent torts are cases filed against the defendant (also called a tortfeasor in tort cases) due to their negligence that caused injuries to the plaintiff. In this type of claim, it must be proven that:

• The defendant had a duty of care to the plaintiff.

• The defendant breached that duty of care.

• The plaintiff sustained injuries, and the breach was a direct cause.

Most personal injury cases fall into this category. Auto accidents and medical malpractice are some common examples of negligent torts. 

Moreover, South Dakota personal injury laws do not have a specific section for dog bites. Instead, the state follows the "one bite rule," which says that a dog owner can only be held liable if they reasonably knew about their pet’s behavior (that is, the dog has a history of aggression). In this case, the plaintiff can file a negligent tort wherein they must prove that the dog owner was remiss when it came to tending their dog.

Intentional Torts

Intentional torts are cases that arise due to the defendant's intent to hurt the plaintiff. In this situation, it must be proven that the defendant's actions were deliberate and caused the victim harm as a result. 

Take, for example, the Lois Henry vs. Harold Henry case. Lois brought a claim for intentional infliction of emotional distress as a result of Harold's harassment and torment. While proof of bodily injury or actual monetary loss is not required in intentional tort claims, it must be demonstrated that:

• The defendant engaged in outrageous or extreme behavior.

• The defendant acted intentionally or recklessly, causing the plaintiff severe mental anguish.

• The plaintiff experienced a severe, incapacitating emotional reaction to the defendant's actions.

Regarding workplace injuries, South Dakota workers' compensation laws allow plaintiffs to make an intentional tort claim for compensation. However, it must be established that the employer knew their acts would injure their employees. For instance, in the Althoff v. Pro-Tec Roofing, Inc. case, the court concluded that Althoff's estate could not pursue an intentional tort claim. This was because the defendant's failure to follow OSHA guidelines was insufficient proof that the company's conduct was intentional.

Other examples of intentional torts include trespassing, assault, and battery. 

Strict Liability Torts

Strict liability torts are claims that can be filed regardless of the defendant's intent. Strict liability is most commonly used in product liability cases, in which plaintiffs sue a manufacturer, seller, or assembler for bodily harm, property damage, or death caused by a defective product. It must be proven here that:

• The product's defective condition rendered it dangerous to the user.

• The defect existed before its distribution by the defendant.

• The product's defective condition caused the plaintiff's injuries.

However, based on South Dakota's tort laws, a manufacturer, seller, or assembler may be immune to strict liability if the injury is due to product alterations or modifications. To be precise, they cannot be held liable if:

• The modification or alteration of a product occurred after it was manufactured, assembled, or sold.

• The alteration or modification changed or modified the product's purpose, use, function, design, or method of use from what the manufacturer, assembler, or seller originally developed, tested, or intended.

• The manufacturer, assembler, or seller of the product had yet to learn the alteration or modification would be made, let alone that it would render the product unsafe.

Other Tort Categories in South Dakota

Economic Torts

Economic torts arise when an individual experiences financial losses due to business transactions. Examples of such torts include fraud, careless misrepresentation, and breach of contract. 

A specific type of economic tort, tortious interference with business relationships, requires proof of the following:

• The plaintiff had a legitimate working relationship or agreement with another business.

• The defendant was aware of this link or agreement.

• The defendant committed an intentional and unreasonable act of interference.

• The interference caused harm to the plaintiff and their business partner.

Nuisances

According to South Dakota law, a nuisance comprises actions that threaten or injure others, unlawfully interfere with public areas, violate decency, or make people feel unsafe. 

Nuisances can either be public or private. For example, littering around the neighborhood is considered a public nuisance because it affects a community of people. Meanwhile, excessive noise coming from a neighbor that affects the property owner next to them is a private nuisance. 

A civil action is one method of obtaining compensation for this type of case. Other means include indictment and abatement. 

Torts vs. Crimes in South Dakota

A tort is a civil action that is heard in a civil court of law. It primarily addresses the plaintiff's injuries and other losses inflicted by the defendant, whose actions may be negligent or intentional. Essentially, the primary goal of a tort is to compensate the plaintiff for damages. As such, the plaintiff is the one who makes a claim.

On the other hand, a crime is an offense regarded as an act against society. When someone is charged with a crime, they will be tried in a criminal court. Upon conviction, the defendant is sentenced accordingly. Fines and jail time are among the repercussions they may face. 

In some situations, the defendant can face a civil lawsuit and a criminal charge. For instance, assault may be classified as a misdemeanor or a felony, depending on the severity of the crime. The plaintiff also has the right to file an intentional tort against the defendant since acts like assault are generally deliberate. 

Mass Torts in South Dakota

Mass torts are filed when multiple people are injured by the same defendant. In this situation, a lawsuit is filed by each plaintiff involved. This is mostly seen in personal injury cases involving corporations, where plaintiffs file mass torts due to injuries suffered from defective medical products, dangerous drugs, and chemicals like asbestos. 

There are benefits to filing a mass tort case. Firstly, you and the other plaintiffs may pool resources and evidence, such as testimonials, medical records, and other documents, to strengthen your case. Secondly, you can hire a litigation attorney to represent you and help you make well-informed decisions.

Mass Torts vs. Class Actions

Both class actions and mass torts comprise numerous plaintiffs bringing legal claims against the same defendant. Nonetheless, remember that they also differ significantly. For starters, in a mass tort case, every plaintiff brings a separate lawsuit against the defendant. In a class action, however, a representative brings a lawsuit against the defendant on behalf of many.

How plaintiffs are compensated is another significant distinction. Since a mass tort is filed by multiple individuals, the damages awarded per person may vary. Meanwhile, all plaintiffs in a class action will receive the same compensation amount based on the court's verdict. 

Additionally, mass torts and class actions have different prerequisites. The conditions needed to sustain a class action are covered by South Dakota laws. Note that a representative who will uphold the class's interests is required. 

The Mass Tort Process

In a mass tort, you must first determine if you have a legitimate lawsuit. With that in mind, finding an attorney who can evaluate your claim is ideal. This is also the time for you and the other plaintiffs to convene. Ensuring claim uniformity is beneficial, as a lack of consistency can be detrimental to obtaining compensation.

The next step is to consolidate the lawsuits in federal court. Combining cases not only makes the process more efficient (especially for plaintiffs who live in different areas), but it also makes it easier for the court to address them. This process is called multidistrict litigation. 

Some of the cases are then chosen for bellwether trials, and the outcome of these proceedings will serve as a guide for the remaining lawsuits. The selected cases for bellwether trials significantly depend on the judges, as well as the attorneys on either side. 

Overall, settling a mass tort case is a complex process. The matter may be resolved out of court if you and the other plaintiffs can come to a mutually beneficial agreement with the other party. Otherwise, the case will go to trial and be decided by a judge. 

South Dakota Tort Liability Insurance Requirements

Having liability insurance is crucial for business owners in case someone is hurt. Several factors influence the coverage you need, such as the nature and size of your company and the risks associated with it. 

If you are a vehicle owner, it is crucial to have auto insurance, too. In particular, you must have coverage worth:

• $25,000 in bodily injury per person.

• $50,000 for all injured people in an accident.

• $25,000 in property damage in an accident.

Statutes of Limitations for Tort Cases in South Dakota

The statute of limitations for tort cases in South Dakota depends on the type of case you are planning to file. Below is a table of common torts and their respective filing deadlines:

South Dakota personal injury laws also enable residents to pursue recompense for injuries due to childhood sexual abuse. You have three years from the date of the alleged act or three years from the time you reasonably discovered your injury or condition to file a claim, whichever ends later. However, you cannot sue if you are already 40 years old. 

How Much Can Someone Sue in a Tort Case in South Dakota?

There are two types of compensatory damages a plaintiff can obtain in a tort case: economic and non-economic. Economic damages are easier to calculate since they are monetary in nature. These include lost wages and medical expenses, like surgery and rehabilitation costs. Meanwhile, non-economic damages are more difficult to quantify. Emotional distress, loss of consortium, and mental anguish are some examples.

Currently, there are no caps on economic damages. Likewise, there are no limits to non-economic damages in medical malpractice cases. This is because the South Dakota Supreme Court declared the $500,000 cap on non-economic damages and the $1 million cap in medical malpractice claims to be unconstitutional in the Knowles v. United States case. 

In some cases, the court may award punitive damages, which aim to punish the defendant for their intentional or malicious actions. This type of compensation also does not have a damage cap. 

South Dakota's Negligence System

When evaluating one's percentage of fault in an accident, South Dakota's negligence system combines comparative and contributory negligence. In particular, as long as the plaintiff's negligence is “slight” in comparison to the gross negligence of the defendant, they have a valid compensation claim. 

Nonetheless, the amount you will receive may be lowered based on how much you contributed to the incident. Suppose you were hit by a car and suffered injuries, but the court ruled that you were 10% to blame for the accident. The $100,000 reward will therefore be lowered to $90,000.

If your degree of fault is more than "slight," you may be barred from compensation. Ultimately, determining who is slightly or grossly at fault depends on the court. Thus, it is wise to consult a lawyer to see if you can file a case. 

Other Legal Remedies in Tort Cases in South Dakota

Injunction

In South Dakota. Injunctions are one of the legal remedies available in civil actions. Injunctions are classified into three types: temporary restraining orders, preliminary injunctions, and final injunctions. All seek to halt an individual's conduct against the plaintiff; the difference is that TROs and preliminary injunctions are only fleeting, whereas final injunctions are permanent. 

In most cases, injunctions are given with a notice to the party whose actions must be stopped. They are then entitled to a trial to determine whether the injunction will be issued. Note that an injunction can be imposed without notice only when enforcing obscenity and public decency laws. Violations of these ordinances include exposing genitals in public and distributing obscene content that is harmful to minors. 

Restitution

In a criminal case, the court can order a defendant to pay restitution to the victim for injuries and other recoverable damages. If, on the other hand, the plaintiff wishes to pursue a civil action for the same crime and the defendant is ordered to pay restitution, the amount will be set off against any judgment.

Suppose you intend to launch an intentional tort case against a defendant who has been required to pay restitution. The amount will then be set aside in your favor if you decide to file a civil action. This usually happens if the plaintiff is dissatisfied with the defendant's restitution plan.

Resources for Tort Victims in South Dakota

State Bar of South Dakota

The State Bar of South Dakota is an organization that provides legal solutions to the public. It has a Lawyer Referral Service, which helps residents find an attorney to help them with matters concerning personal injury, family, employment, and criminal law. Interested individuals can apply online. 

South Dakota Legal Self-Help

South Dakota Legal Self-Help provides various forms for people who want to represent themselves in court. It has restraining orders, including physical injury, vulnerable adult, and domestic protection order forms for victims of abuse. The website also has documents for other civil matters, such as divorce, adoption, eviction, and small claims. 

South Dakota Unified Judicial System

The South Dakota Unified Judicial System is the website of the South Dakota Supreme Court. It offers a comprehensive list of resources for residents who plan to file or have a case in court. Its eServices help people pay for traffic and criminal tickets online, find court dates, and download legal forms. It also answers a variety of law-related questions.